21334. Misbranding of   canned   grapefruit   juice.     TJ.   S.   v.   91%   Cases   of
Canned Grapefruit Juice.     Consent  decree  of condemnation  and 
forfeiture.     Product  released  under  bond  to   be  relabeled.      (F
& D. no. 30585.    Sample no. 32016-A.)
This case involved a shipment of canned grapefruit juice, sample cans of 
which were found to contain less than the declared volume.
On June 12, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 91% cases of canned 
grapefruit juice at New York, N.Y., alleging that the article had been shipped 
on or about January 17, 1933, by the Scoville Canning Co., Inc., from Tampa, 
Fla., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Cans) "Double H. H. Brand 
Sweetened Grapefruit Juice Contents 3 Pints 8 F. Ounces * * * Packed 
by Scoville Canning Company, Inc.,    *    *    *   Wampa and Avon Park, Fla."
It was alleged in the libel that the article was misbranded in that the state- 
ment, "Contents 3 Pints 8 F. Ounces", was false and misleading and de- 
ceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was not correct.
On July 14, 1933, Scoville Canning Co., Inc., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be released to the said claimant upon payment of costs and 
the execution of a bond in the sum of $500, conditioned in part that the 
original labels be removed from the cans and a label bearing the statement, 
" Contents 1 qt. 1 pt. 1% I. oz.", be affixed thereto.
M. L. WILSON, Acting Secretary of Agriculture.